DCIT (EXEMPTIONS), CHENNAI vs. INTERNATIONAL INSTITUTE OF BIO-TECHNOLOGY & TOXICOLOGY, CHENNAI

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ITA 2896/CHNY/2017Status: DisposedITAT Chennai26 April 2018AY 2012-134 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal confirmed the order of the CIT(Appeals) based on the consistent view of co-ordinate benches in the assessee's own cases for prior years. The cross-objections filed by the assessee were rendered infructuous as they only supported the CIT(Appeals) order.

What were the facts?

The Revenue appealed against the CIT(Appeals) order granting exemption to the assessee under Section 10(21) of the Income-tax Act. The CIT(Appeals) had followed a previous ITAT order in the assessee's own case for earlier assessment years.

What were the issues?

Whether the assessee is eligible for exemption under Section 10(21) of the Income-tax Act, following previous Tribunal orders.

Which sections of the Income-tax Act were involved?

Section 10(21)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE

For Respondent: Shri G. Baskar, Advocate
Hearing: 26.04.2018Pronounced: 26.04.2018

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

All the three appeals of the Revenue are directed against the common order passed by the Commissioner of Income Tax (Appeals) -17, Chennai, dated 11.09.2017 and pertain to has also filed cross-objections against the very same order of the CIT(Appeals). Since common issue arises for consideration in all these appeals and cross-objections, we heard these appeals and cross-objections together and disposing of the same by this common order.

2.

The only issue arises for consideration is exemption claimed by the assessee under Section 10(21) of the Income-tax Act, 1961 (in short 'the Act').

3.

We heard Shri Prabhu Mukunth Arun Kumar, the Ld. Standing counsel for the Revenue and Shri G. Baskar, the Ld.counsel for the assessee. During the course of hearing, it was brought to the notice of the Bench that the CIT(Appeals) has followed the order of this Tribunal in the assessee's own case for the assessment year 1997-98 in which this Tribunal found that the assessee is eligible for exemption under Section 10(21) of the Act.

This order of the Tribunal for the assessment year 1997-98 was subsequently followed by this Tribunal in the assessee's own case for assessment years 1998-99 and 2000-01. Even though an appeal was said to be filed before the High Court, the Ld.counsel Court and it was returned for rectification of certain errors. By producing a copy of the assessment order for the assessment year 2015-16, the Ld.counsel for the assessee submitted that the Assessing Officer at para 4.8 of his order for the assessment year 2015-16 has extracted a letter said to be written by the Sr. Standing Counsel for the Revenue saying that these appeals were re- presented before the High Court. Be that as it may, this Tribunal is of the considered opinion that when the co-ordinate Bench of this Tribunal for assessment years 1997-98, 1998-99 and 2000-01found that the assessee is eligible for exemption under Section 10(21) of the Act, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the order of the CIT(Appeals) is confirmed.

4.

The assessee has filed cross-objections only to support the order of the CIT(Appeals), therefore, these cross-objections become infructuous.

5.

In the result, all the appeals filed by the Revenue and the cross-objections filed by the assessee stand dismissed.

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